A FIFE sales representative who falsified a sick line from his GP because he was suffering from depression was unfairly dismissed.
An employment tribunal in Dundee ruled that Howdens Joinery Group did not investigate the reasons for Alistair McLaren’s absence from his job at its Cupar depot.
Howdens, of Chiltern House, London, were ordered to pay Mr McLaren of Glenburn, Leven, compensation of £951.50. This reflected the tribunal’s view that, if there had been an investigation, there was a 75% chance Howdens would have concluded that he was to blame for his actions and deserved to be dismissed.
The tribunal heard that Mr McLaren was off work for 75 days in 2008 because of anxiety and depression but did not have any more absence for these reasons until April last year.
On April 23 he went home feeling unwell and the next day he phoned to say he would see his doctor. Later that day he phoned to say his doctor had told him he had suffered a mild heart attack but he would be back at work the next day.
This surprised Cupar depot manager Andrea Hill, who thought he would have been off for longer if he had suffered a mild heart attack. She asked him to go back to his doctor for a “fit note”.
A note was submitted but it was forged, which Mr McLaren later admitted when challenged.
He admitted he had not gone to his doctor and he had never had a heart attack.
He did not return to work but on May 2 he called Ms Hill to say he had seen his GP and had been signed off for three weeks with stress, anxiety and depression.
On May 23, another three weeks’ absence note arrived and Ms Hill invited him to a meeting, where he said he didn’t know why he lied, adding: “It’s just the state of mind I was in.”
Mr McLaren was dismissed for gross misconduct. He appealed on grounds that Howdens should have considered he was suffering from depression and dismissal was too harsh, but his dismissal was upheld.
Tribunal judge Ian McFatridge said Howdens had failed in its duty to properly investigate the matter and dismissal was unfair.